ByCitrus Plant Health Wizard

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ByCitrus Terms of Service

Last Updated: August 21st, 2025

Document Version: G&G-2025-1.2 (Gardening & Garden)

Estimated Reading Time: 13 minutes

Table of Contents

  1. Accessibility Statement
  2. Acceptance and Eligibility
  3. Affiliate Purpose and Disclaimers
  4. Account Registration and Management
  5. User-Generated Content and Community Features
  6. Subscription Services
  7. Customer Responsibilities
  8. Interactive Tools and Features
  9. Prohibited Uses
  10. Ordering and Payment
  11. Shipping and Delivery
  12. Refund Policy
  13. Limitation of Liability
  14. Indemnification
  15. Intellectual Property
  16. Privacy and Data Collection
  17. Third-Party Services
  18. Dispute Resolution
  19. Governing Law
  20. Force Majeure
  21. Modifications
  22. Severability
  23. Entire Agreement
  24. Contact Information

Section 1 – Accessibility Statement

ByCitrus is committed to ensuring digital accessibility for people with disabilities. We continually work to improve the user experience for everyone and apply relevant accessibility standards. Our goal is full conformance with WCAG 2.1 AA standards.

Accessibility Features:

  • Screen reader compatible heading structure
  • High contrast text meeting WCAG 2.1 AA standards
  • Keyboard navigation support
  • Alternative text for all meaningful images
  • Plain language principles applied throughout

Feedback Welcome: We welcome feedback on accessibility. Contact us at [email protected] with “Accessibility” in the subject line.

Section 2 – Acceptance and Eligibility

Agreement to Terms

By accessing or using the ByCitrus website, creating an account, clicking on links, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Age and Legal Capacity Requirements

You must be at least 18 years of age (or the age of majority in your jurisdiction) to:

  • Access this website
  • Create an account
  • Post comments or user-generated content
  • Subscribe to premium services or newsletters

Legal Capacity Certification: By using our services, you represent and warrant that you have the legal capacity to enter into these Terms and that you are not prohibited from using our services under applicable law.

Section 3 – Affiliate Purpose and Disclaimers

Affiliate Relationship

ByCitrus LLC operates as a marketing and referral service. We are an affiliate partner for various third-party retailers and brands. We do not sell, stock, or ship any products directly. Our website provides links to external e-commerce sites.

Product Disclaimers

Important: All products, including garden tools, seeds, and small plants, are sold and fulfilled by third-party retailers. ByCitrus is not the seller of record for any product and does not handle:

  • Product fulfillment or inventory
  • Product quality or condition
  • Product warranties or guarantees
  • Customer service for products
  • Shipping and handling
  • Returns or refunds

Legal and Medical Disclaimers

FDA Disclaimer: The products linked on this site have not been evaluated by the Food and Drug Administration. They are not intended to diagnose, treat, cure, or prevent any disease.

General Disclaimer: Any information provided on this website, including product descriptions, blog posts, or community content, is for educational and entertainment purposes only. It is not legal, medical, or professional advice. You should consult with a qualified professional before making any purchase or decision.

Section 4 – Account Registration and Management

Account Creation

To create an account, you must:

  • Provide accurate and complete registration information
  • Maintain and update your account information
  • Verify your email address
  • Comply with age and eligibility requirements
  • Choose a secure password

Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Using strong passwords and security practices
  • Logging out of shared or public computers

Account Termination

We may suspend or terminate your account for:

  • Violation of these Terms of Service
  • Fraudulent or illegal activity
  • Providing false information during registration
  • Abuse of community features or harassment of other users
  • Non-payment of subscription fees
  • Extended periods of inactivity (12+ months)

You may delete your account at any time by contacting us at [email protected].

Data Retention After Account Termination

Upon account termination:

  • Personal information will be deleted or anonymized within 30 days
  • Order history (of links clicked) may be retained for business purposes
  • Comments and user-generated content may remain but will be anonymized
  • Subscription data will be deleted according to our retention policy

Section 5 – User-Generated Content and Community Features

Comment System and Community Guidelines

Our comment system allows users to:

  • Share experiences and opinions about products
  • Engage in respectful discussions
  • Provide feedback and reviews
  • Ask questions and receive community support

Content Standards

All user-generated content must:

  • Comply with applicable laws and regulations
  • Be respectful and non-harassing
  • Not contain illegal, defamatory, or harmful content
  • Not violate intellectual property rights
  • Not contain spam, advertising, or promotional content (unless authorized)
  • Not include personal information of others without consent

Prohibited Content

Users may not post content that:

  • Contains threats, harassment, or hate speech
  • Includes graphic violence or inappropriate sexual content
  • Violates privacy rights or contains personal information
  • Infringes on intellectual property rights
  • Contains malware, viruses, or malicious code
  • Encourages violation of these Terms of Service

Content Moderation

ByCitrus reserves the right to:

  • Review, edit, or remove user-generated content
  • Suspend users who violate community guidelines
  • Use automated systems to detect prohibited content
  • Cooperate with law enforcement regarding illegal content
  • Modify or discontinue community features at any time

Content Ownership and License

By posting content, you:

  • Retain ownership of your original content
  • Grant ByCitrus a non-exclusive, royalty-free license to use, display, and distribute your content
  • Warrant that you have the right to post the content
  • Agree that ByCitrus may use your content for marketing and promotional purposes
  • Acknowledge that removed content may persist in backups and archives

Reporting Inappropriate Content

To report inappropriate content:

  • Use the “Report” button on individual posts
  • Contact us at [email protected] with “Content Report” in the subject line
  • Include the specific content URL and reason for reporting
  • Provide any relevant context or evidence

Section 6 – Subscription Services

Available Subscription Services

ByCitrus offers various subscription services including:

  • Premium newsletter subscriptions
  • Early access to new products
  • Exclusive content and educational materials
  • Priority customer support
  • Special pricing and promotions

Subscription Terms

Billing and Payment:

  • Subscriptions are billed in advance on a recurring basis
  • Payment methods include credit cards and approved payment processors
  • Billing cycles may be monthly, quarterly, or annually as selected
  • Prices are subject to change with 30 days’ notice

Auto-Renewal:

  • Subscriptions automatically renew unless cancelled
  • You will be charged at the beginning of each billing cycle
  • Renewal notices will be sent prior to billing
  • Cancellation must occur before the renewal date to avoid charges

Subscription Cancellation

You may cancel subscriptions:

  • Through your account settings
  • By contacting customer service at [email protected]
  • By following unsubscribe links in subscription emails
  • At any time before the next billing cycle

Cancellation Effects:

  • Access continues until the end of the current billing period
  • No refunds for partial billing periods
  • Premium features will be disabled after expiration
  • Account data remains accessible for 90 days after cancellation

Subscription Refunds

Refund Policy:

  • New subscriptions: Full refund within 7 days of initial purchase
  • Recurring subscriptions: No refunds for partial periods
  • Billing errors: Full refund of incorrect charges
  • Service outages: Pro-rated refunds for extended outages (24+ hours)

Free Trials and Promotional Periods

Trial Terms:

  • Free trials require valid payment method
  • Automatic conversion to paid subscription unless cancelled
  • One free trial per customer per service
  • Promotional pricing applies for specified periods only

Promotional Offers:

  • Subject to specific terms and conditions
  • May have limited availability or time restrictions
  • Cannot be combined with other offers unless specified
  • May require promo codes or special links

Section 7 – Customer Responsibilities

Legal Compliance Verification

Before using our website or clicking on any links, customers must independently verify:

  • Legal requirements in their jurisdiction
  • Age requirements in their jurisdiction
  • Any licensing or permit requirements for plants or seeds

International Customer Responsibilities

International customers acknowledge and accept that:

  • Import laws vary by country and region
  • Customer is responsible for all import duties, taxes, and fees
  • Customer must comply with export/import documentation requirements

Account and Content Responsibilities

Account holders are responsible for:

  • Keeping login credentials secure
  • All activity under their account
  • Content they post or share
  • Compliance with community guidelines
  • Subscription payments and cancellations
  • Updating account information when changes occur

Legal Changes and Customer Risk

Important: Laws regarding plants, seeds, and gardening products can change. Customers acknowledge that:

  • Legal status may change after a purchase from a third-party site
  • ByCitrus is not responsible for legal changes post-purchase
  • Customer assumes all legal risks associated with possession
  • Customer should monitor legal developments in their jurisdiction

Legal Consultation Recommendation: ByCitrus strongly recommends consulting with local legal counsel if there is any uncertainty about the legality of a product in your jurisdiction.

Section 8 – Interactive Tools and Features

Purpose and Disclaimers

ByCitrus may provide interactive tools such as the “60-second Garden Quiz“, “Quick Garden Tools Equipment Quiz“, “ByCitrus Garden Game” and the “Plant Wizard.” These tools are for entertainment and informational purposes only. They are designed to provide generalized recommendations and suggestions and should not be considered professional or expert advice.

No Guarantees of Accuracy

The results of these tools are based on user-provided data and algorithmic processing. We do not guarantee the accuracy, completeness, or reliability of any recommendations.

User Responsibility

You acknowledge and agree that:

  • All decisions based on these tools are made at your own risk.
  • The results are not a substitute for professional advice from an agronomist, botanist, or other qualified expert.
  • ByCitrus is not responsible for any outcomes, positive or negative, that may result from following the recommendations of these tools.

Section 9 – Prohibited Uses

Strictly Prohibited Activities

Customers are expressly prohibited from:

  • Using our website for any illegal purpose
  • Violating any applicable laws or regulations
  • Creating multiple accounts to circumvent restrictions
  • Using automated systems to access our services without permission
  • Posting prohibited content in comments or community features
  • Attempting to manipulate or exploit interactive tools for unintended purposes

Account and Community Violations

Users may not:

  • Share account credentials with others
  • Create fake or impersonated accounts
  • Engage in harassment or bullying behavior
  • Post spam, advertisements, or promotional content without authorization
  • Attempt to hack, exploit, or disrupt our services
  • Violate other users’ privacy or safety

Misrepresentation Prohibited

Customers may not:

  • Represent ByCitrus as the direct seller of products
  • Claim products have medical or therapeutic benefits
  • Make false claims about product characteristics
  • Impersonate ByCitrus staff or representatives

Fraudulent Activities

Prohibited fraudulent activities include:

  • Using false information during registration or use
  • Using our website to facilitate payment fraud
  • Circumventing age verification requirements
  • Abusing free trials or promotional offers

Violation Consequences

Violations may result in:

  • Immediate account termination
  • Removal of user-generated content
  • Cancellation of subscriptions
  • Forfeiture of refund rights
  • Legal action for damages
  • Cooperation with law enforcement
  • Permanent ban from all ByCitrus services

Section 10 – Ordering and Payment

Affiliate Relationship

ByCitrus does not process orders or payments directly. All purchases are handled by third-party retailers. When you click a link and make a purchase, you are subject to the terms, conditions, and privacy policies of that third-party retailer.

Payment Terms

Payment is processed on third-party websites. ByCitrus has no access to your payment information, which is securely handled by our affiliate partners.

Pricing and Taxes

  • All prices are determined by the third-party retailer and are subject to change.
  • Prices do not include applicable taxes or shipping, which are calculated by the third-party retailer.
  • You are responsible for all applicable taxes.

Section 11 – Shipping and Delivery

ByCitrus does not ship or deliver products. All shipping and delivery services are handled by the third-party retailer from whom you purchase. Please refer to their shipping policies for details on:

  • Domestic and international shipping
  • Shipping times and costs
  • Delivery confirmation and tracking
  • Shipping restrictions

Section 12 – Refund Policy

ByCitrus does not handle refunds. All refund and return requests must be directed to the third-party retailer from whom you made the purchase.

We are not responsible for:

  • Customer dissatisfaction with products
  • Shipping delays or damaged items
  • Product quality or performance issues
  • Any other dispute related to a purchased item

Please review the refund policy on the third-party retailer’s website before making a purchase.

Section 13 – Limitation of Liability

Comprehensive Liability Limitation

This limitation applies to all claims and causes of action, including but not limited to:

  • Contract disputes and breaches
  • Tort claims of any nature
  • Negligence (ordinary and gross)
  • Strict liability claims
  • Product liability claims
  • Warranty claims (express and implied)
  • Statutory claims under any law
  • Account access issues or data loss
  • User-generated content disputes
  • Subscription service interruptions
  • Claims arising from the use of interactive tools
  • Any other legal or equitable theory

Damage Limitations

ByCitrus’s total aggregate liability for all claims shall not exceed the lesser of:

  • One hundred dollars ($100), or
  • The amount actually paid for the specific subscription service or related fees giving rise to the claim

Consequential Damages Waiver

Under no circumstances shall ByCitrus be liable for:

  • Indirect, incidental, or consequential damages
  • Lost profits or business opportunities
  • Punitive or exemplary damages
  • Attorneys’ fees and costs
  • Damages from third-party claims
  • Damages exceeding the limitation stated above
  • Loss of data or account information
  • Business interruption or service outages

Limitation Scope

These limitations apply even if:

  • ByCitrus has been advised of the possibility of such damages
  • Any limited remedy fails of its essential purpose
  • The damages were foreseeable
  • The damages result from our negligence
  • The damages arise from account or service issues

Jurisdictional Variations

Important: Some jurisdictions do not allow limitations on incidental or consequential damages. If you live in such a jurisdiction, some of the above limitations may not apply to you to the extent prohibited by law.

Section 14 – Indemnification

Customer Indemnification Obligation

You agree to indemnify, defend, and hold harmless ByCitrus, its officers, directors, employees, agents, and affiliates from and against any and all:

  • Claims, demands, or causes of action
  • Damages, losses, costs, and expenses (including reasonable attorneys’ fees)
  • Arising from or relating to your use of our products, services, or community features

Indemnification Scope

Indemnification includes claims arising from:

  • Your violation of these Terms of Service
  • Your violation of applicable laws or regulations
  • Your misuse of our services
  • Your misrepresentation of facts
  • Your negligent or wrongful conduct
  • Third-party claims related to your actions
  • Content you post or share on our platform
  • Your account activities or security breaches

Defense and Settlement

ByCitrus reserves the right to:

  • Assume the exclusive defense of any claim
  • Control the defense and settlement of any claim
  • Require your cooperation in the defense
  • Settle claims in our sole discretion

Indemnification Survival

This indemnification obligation survives:

  • Termination of these Terms
  • Account closure or deletion
  • Completion of transactions
  • Cessation of website use
  • Subscription cancellations
  • Any other termination of relationship

Section 15 – Intellectual Property

ByCitrus Intellectual Property Rights

All content on this website is protected by intellectual property laws, including:

  • Copyrights in text, images, and multimedia content
  • Trademarks in business names, logos, and slogans
  • Trade dress in website design and layout
  • Patents in any proprietary processes or methods
  • Software and technical processes
  • User interface designs and functionality

Content Ownership

ByCitrus owns or has licensed rights to:

  • All website content and materials
  • Product descriptions and photography
  • Marketing materials and communications
  • Software and technical processes
  • Business methods and trade secrets
  • Community platform and features

Permitted Use

You may:

  • View and access content for personal use
  • Print individual pages for personal reference
  • Share links to our website
  • Reference our content with proper attribution
  • Post comments and engage in community discussions

Prohibited Use of Intellectual Property

You may not:

  • Copy, reproduce, or distribute our content
  • Use our trademarks or logos without permission
  • Create derivative works from our content
  • Use our content for commercial purposes
  • Reverse engineer our software or processes
  • Scrape or automatically collect our content

Rotating Logos and Seasonal Branding

  • ByCitrus uses rotating and seasonal logo designs that may change periodically, including but not limited to monthly or event-specific variations. All versions, whether current or archived, are protected trademarks and intellectual property of ByCitrus LLC, doing business as ByCitrus. Unauthorized reproduction, modification, distribution, or use of any version of our logo or branding assets is strictly prohibited without prior written consent.
  • Changes to our logo or branding do not constitute a change in ownership or transfer of intellectual property rights. All rotating and seasonal designs remain part of the same protected brand identity.
  • Any derivative designs or modified versions of our rotating logos created without express written permission from ByCitrus are considered unauthorized and infringing use under applicable trademark and copyright law.

User-Generated Content Rights

By posting content on our platform:

  • You retain ownership of your original content
  • You grant us a license to use, display, and moderate your content
  • You warrant you have rights to post the content
  • You agree we may use your content for site operation and improvement

Digital Millennium Copyright Act (DMCA) Compliance

Copyright Infringement Notice: If you believe your copyrighted work has been infringed, contact us at [email protected] with:

  • Description of the copyrighted work
  • Location of the allegedly infringing material
  • Your contact information
  • Good faith statement of unauthorized use
  • Statement of accuracy under penalty of perjury

Section 16 – Privacy and Data Collection

Data Collection Overview

We collect information to:

  • Process affiliate commissions
  • Provide customer service
  • Manage accounts and subscriptions
  • Enable community features
  • Improve our website and services
  • Comply with legal obligations
  • Communicate about products and services

Types of Data Collected

Personal Information:

  • Name and contact information
  • Communication records
  • Account login credentials
  • Subscription preferences and history

Community Data:

  • Comments and user-generated content
  • Community interaction history
  • User preferences and settings
  • Moderation actions and warnings

Technical Information:

  • IP addresses and device information
  • Browser type and version
  • Website usage patterns
  • Cookies and tracking data
  • Login and session information

Data Use and Sharing

We use your data to:

  • Fulfill affiliate obligations
  • Manage accounts and subscriptions
  • Provide customer support
  • Enable community features and moderation
  • Send order confirmations and updates
  • Improve our products and services
  • Comply with legal requirements

We may share data with:

  • Affiliate partners for commission tracking
  • Service providers and contractors
  • Legal authorities when required

Account Data Management

Account Holders Can:

  • Access and update personal information
  • Download their data
  • Delete comments and posts
  • Manage subscription preferences
  • Control communication settings
  • Request account deletion

Data Protection

Security Measures:

  • SSL encryption for data transmission
  • Secure servers and databases
  • Regular security audits and updates
  • Employee training on data protection
  • Incident response procedures
  • Multi-factor authentication options

Your Privacy Rights

You have the right to:

  • Access your personal information
  • Correct inaccurate information
  • Request deletion of your data
  • Opt out of marketing communications
  • Withdraw consent where applicable
  • Data portability for account information

California Residents: You have additional rights under the California Consumer Privacy Act (CCPA). Contact us for details.

Data Retention

We retain data for:

  • Active accounts: Duration of account plus 90 days
  • Order information: 7 years for business and legal purposes
  • Community content: Until deletion requested or account closed
  • Subscription data: Duration of subscription plus 2 years
  • Marketing data: Until unsubscribed plus 1 year

Section 17 – Third-Party Services

Cookie Policy and Data Collection

We use cookies and trusted services to improve user experience:

Essential Cookies

  • Purpose: Required for website functionality
  • Functions: Enable site functionality, maintain shopping cart, user authentication, account management

Analytics Cookies

  • Purpose: Help us understand website usage
  • Services used: Google Analytics, conversion tracking, heat mapping, performance monitoring

Marketing Cookies

  • Purpose: Personalize marketing and advertising
  • Functions: Retargeting advertisements, social media integration, email marketing optimization

Community Features

  • Purpose: Enable user accounts and community interaction
  • Functions: Comment system, user preferences, content moderation, subscription management

Affiliate Tracking

Purpose: Commission attribution for referral partners Data collected:

  • Click data and timestamps
  • Purchase confirmation information
  • Commission calculation data only
  • Referral source identification

Affiliate Links & Commissions

ByCitrus participates in affiliate marketing programs, which means we may earn commissions on qualifying purchases made through outbound links on our website.

Some links on our website are affiliate links and may result in compensation if you click on them or make a purchase through third-party websites.

We do not own or control third-party websites or their products and services. We are not responsible for the quality, legality, reliability, or accuracy of any third-party content, claims, or offerings.

Important: Affiliate tracking does not access personal information beyond what is necessary for commission calculation.

Third-Party Service Providers

Payment Processing:

  • Stripe, PayPal, and other payment processors
  • Secure transaction processing and subscription billing
  • Fraud prevention and detection
  • PCI DSS compliance

Shipping and Logistics:

  • USPS, UPS, FedEx, and international carriers
  • Package tracking and delivery confirmation
  • Address verification services
  • Customs documentation

Customer Service:

  • Help desk and ticket management systems
  • Live chat and communication tools
  • Customer feedback and survey platforms
  • Knowledge base and FAQ systems

Third-Party Liability

Important: We are not responsible for:

  • Third-party service failures or interruptions
  • Third-party privacy practices or data breaches
  • Third-party terms of service changes
  • Third-party service availability or reliability

International Data Transfers

Data Processing Locations: Some third-party services may process data outside your country. We ensure appropriate safeguards are in place for international data transfers in compliance with applicable privacy laws.

Your Cookie Controls

Managing Cookies:

  • Essential cookies cannot be disabled as they are necessary for site functionality
  • Non-essential cookies may be disabled in your browser settings
  • You can delete existing cookies through your browser
  • Some website features may not work properly without cookies

For detailed cookie management instructions, contact us at [email protected].

Section 18 – Dispute Resolution

Three-Step Resolution Process

Step 1: Direct Communication

Initial Contact Requirements:

  • Contact us at [email protected] within 30 days of the issue arising
  • Include your order number and account information
  • Provide detailed description of the problem
  • Specify your preferred resolution
  • Attach supporting documentation or evidence

Step 2: Good Faith Negotiation

Negotiation Process:

  • We will respond within 5 business days
  • We will work in good faith to resolve the dispute within 30 days
  • We may request additional information or documentation
  • We will provide written explanation of our position
  • We will attempt to reach mutually acceptable resolution

Step 3: Binding Arbitration

Arbitration Requirement: If direct resolution fails, disputes will be resolved through binding arbitration rather than court proceedings.

Arbitration Terms:

  • Administered by the American Arbitration Association (AAA)
  • Conducted under AAA Commercial Arbitration Rules
  • Single arbitrator selected per AAA procedures
  • Arbitration conducted in Phoenix, Arizona (or via video conference)
  • Arbitration governed by the Federal Arbitration Act
  • Arizona substantive law applies
  • Arbitrator’s decision is final and binding on all parties

Class Action and Jury Trial Waiver

Important Waivers:

  • You agree to resolve disputes individually
  • You waive rights to participate in class actions
  • You waive rights to mass actions or representative proceedings
  • You waive rights to jury trial for any disputes
  • You waive rights to appeal arbitration decisions

Exceptions to Arbitration

The following disputes are not subject to arbitration:

  • Claims in small claims court within jurisdictional limits
  • Claims for injunctive relief to protect intellectual property
  • Claims related to collection of undisputed amounts owed
  • Account suspension or termination disputes (subject to internal appeal process)

Arbitration Costs

Cost Allocation:

  • AAA filing fees paid according to AAA rules
  • Arbitrator fees split equally between parties
  • Each party pays their own attorney fees unless awarded
  • Prevailing party may recover costs as determined by arbitrator

Section 19 – Governing Law

Applicable Law

These Terms of Service are governed by:

  • The laws of the State of Arizona
  • Federal laws of the United States
  • Without regard to conflict of law principles
  • Excluding the United Nations Convention on Contracts for the International Sale of Goods

Jurisdiction and Venue

For disputes not subject to arbitration:

  • Exclusive jurisdiction lies with state and federal courts in Phoenix, Arizona
  • You consent to personal jurisdiction in Arizona
  • You waive any objection to venue in Arizona
  • You agree that Arizona is a convenient forum

Federal Arbitration Act

Arbitration Governance:

  • The Federal Arbitration Act governs all arbitration provisions
  • Federal law preempts any conflicting state arbitration laws
  • Arbitration agreements are severable from these Terms
  • Arbitration provisions survive termination of these Terms

International Users

For international users:

  • Arizona law applies to the maximum extent permitted
  • Local law may supplement these Terms where required
  • Conflicts between local law and these Terms resolved in favor of local law
  • International treaties and conventions may apply

Section 20 – Force Majeure

Force Majeure Definition

ByCitrus shall not be liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to:

Natural Disasters:

  • Earthquakes, floods, hurricanes, and other acts of God
  • Severe weather conditions
  • Natural catastrophes and environmental disasters

Government Actions:

  • Changes in laws or regulations
  • Government orders or restrictions
  • Trade embargoes or sanctions
  • Customs delays or restrictions

Infrastructure Failures:

  • Internet or telecommunications outages
  • Power grid failures
  • Transportation system disruptions
  • Supplier or vendor failures
  • Server outages or cyber attacks affecting service availability

Other Circumstances:

  • Labor disputes and strikes
  • Supplier shortages or delays
  • Pandemic or health emergencies
  • Terrorism or civil unrest
  • Cyber attacks or security breaches

Force Majeure Procedures

Notification Requirements:

  • We will notify affected customers as soon as reasonably practicable
  • We will provide estimated timeline for resolution when possible
  • We will offer alternative solutions when available
  • We will resume performance as soon as circumstances permit

Customer Options:

  • Wait for performance to resume
  • Cancel affected subscriptions for full refund
  • Accept alternative products or services
  • Modify delivery timelines
  • Pause subscriptions during extended outages

Limitation of Force Majeure

Force Majeure does not excuse:

  • Payment obligations for delivered products
  • Compliance with applicable laws
  • Protection of customer data and privacy
  • Intellectual property obligations
  • Data security responsibilities

Section 21 – Modifications

Right to Modify Terms

ByCitrus reserves the right to modify these Terms of Service at any time for any reason, including but not limited to:

  • Changes in applicable law or regulations
  • Changes in business practices or policies
  • Addition of new products or services
  • Improvement of customer protection
  • Clarification of existing terms
  • Updates to community features or account management
  • Branding elements, including rotating and seasonal logos, may change without notice as part of our ongoing brand updates. These changes do not affect the validity or enforceability of our intellectual property rights

Modification Process

How modifications are made:

  • Changes will be posted on our website
  • Effective date will be clearly indicated
  • Material changes may be communicated via email to account holders
  • Continued use constitutes acceptance of changes

Customer Response to Modifications

After modifications are posted:

  • Review changes carefully
  • Contact us with questions or concerns
  • Discontinue use if you disagree with changes
  • Cancel subscriptions if you disagree with new terms
  • Continued use constitutes acceptance of new terms

Significant Changes

For significant modifications:

  • We may provide advance notice when possible
  • We may offer transition periods for major changes
  • We may provide explanation of changes
  • We may offer options for affected customers
  • Account holders may receive email notifications

Section 22 – Severability

Severability Provision

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

  • The remaining provisions shall remain in full force and effect
  • The invalid provision shall be modified to the minimum extent necessary to make it enforceable
  • If modification is not possible, the invalid provision shall be severed entirely
  • The overall Terms shall remain binding and enforceable

Savings Clause

The parties intend for these Terms to be enforced to the fullest extent permitted by law.

  • If any provision exceeds legal limits, it shall be reduced to the maximum extent permitted
  • If any provision is deemed unconscionable, it shall be modified to be conscionable
  • If any provision conflicts with mandatory law, mandatory law shall control

Arbitration Severability

If any portion of the arbitration clause is deemed invalid:

  • The remainder of the arbitration clause shall remain in effect
  • The class action waiver is severable from the arbitration clause
  • If class action waiver is invalid, arbitration may still be required
  • If arbitration is deemed invalid, disputes shall be resolved in Arizona courts

Section 23 – Entire Agreement

Complete Agreement

These Terms of Service, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ByCitrus regarding your use of our website, account services, community features, subscription services, and products.

Superseding Effect

These Terms supersede all prior agreements

Section 24 – Contact Information

Primary Contact

For questions about these Terms of Service:

  • Email: [email protected]
  • Subject Line: “Terms of Service Inquiry”
  • Response Time: Within 5 business days

Accessibility Support

For accessibility assistance:

  • Email: [email protected]
  • Subject Line: “Accessibility Support”
  • Response Time: Within 5 business days
  • Commitment: We will work to provide information in accessible formats

Customer Service

For order and product inquiries:

  • Email: [email protected]
  • Subject Line: Include order number if applicable
  • Response Time: Within 2 business days

Legal Notices

For legal notices and service of process:

  • Email: [email protected]
  • Subject Line: “Legal Notice”
  • Requirement: Must comply with applicable service of process rules

Dispute Resolution Contact

For dispute resolution:

  • Email: [email protected]
  • Subject Line: “Dispute Resolution”
  • Requirements: Follow procedures outlined in Section 18

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These Terms of Service are effective as of the date stated above and govern your use of ByCitrus products and services. By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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